Primary Research Of China's Environmental Pollution Liability Insurance System

In order to curb the increasingly serious environmental pollution and destruction, many countries require enterprises to commitment the damage caused by environmental pollution and compensate. Compensation is often so high that cause a high amount of burden to enterprises, enterprises'production and operation of investment behavior are shocked or even facing bankruptcy risk. Therefore, the enterprises need to transfer environmental liability risk out or to limit it to the minimum. Environmental liability insurance emerged under the background of the rapid economic development and increasingly prominent environmental issues after World WarⅡ.1965 British released a nuclear device law requires that the installer is responsible for a minimum of 5 million pounds liability insurance (Nuclear insurance). Subsequently, France, the United States, Italy and other countries have begun to establish environmental liability insurance, after decades of development, these countries'environmental liability insurance is becoming mature.In China, the environmental pollution liability insurance is a liability insurance based on the insured person in case of environmental tort causing bodily injury and property damage to the third party and should bearing the liability according to law. In the nineties of the last century, China had been carried out short-term environmental pollution liability insurance, the latter because of the unscientific premium and low payment rates no one participated in the insurance. In February 2008, the State Environmental Protection Administration and China Insurance Regulatory Commission formally established the road map of environmental pollution liability insurance system, the two departments will initial establish the environmental pollution liability insurance system during the "Eleventh Five-Year".By 2015, the environmental pollution liability system will be relatively perfect, and nation widely promoted. Therefore, conduct fundamental research of environmental pollution liability insurance is very urgent and necessary. This paper analyses the basis theory of the environmental pollution liability insurance, compares and learns from practical experience and practices of developed countries, combines with China's actual conditions, with a view to China's environmental pollution liability insurance system's establishment and suggestions. Full text is divided into five parts.The first chapter, foreword. This section primarily focuses on the significance of this research, research status and literature review, research ideas and methods. At present, China has entered a period of high environmental pollution accident, and the corresponding preventive mechanism is defective, leading to serious pollution and frequent accidents of environmental pollution hazards to public health and social stability. The enterprises need to transfer environmental liability risk out or to limit it to the minimum. Environmental pollution liability insurance as a socialization system for environmental tort, helping to safeguard the public's environmental rights and interests, safeguard the legitimate interests of victims; reduce the government's easing pressure; to expand the scope of insurance business.The second chapter, basic research of environmental pollution liability insurance system. First of all, introduced the concept and characteristics. Second, the introduction of the significance of environmental pollution liability insurance. Finally, describes the legal basis for environmental pollution liability. Environmental tort is different from the traditional tort. The principle of liability without fault may result in the infringer assume a huge compensation and therefore bankruptcy due to the fault of a very small even in the case of no fault liability, which need to improve the traditional tort liability theory and the theory of tort liability to achieve the social decentralization of infringement's risk. The development of the principle of presumption of causation, the establishment of the principle of no-fault liability provided a legal basis for environmental tort problems. As a result, environmental tort law led to the birth of environmental liability insurance system. Another important theoretical basis for the environmental pollution liability insurance is "insurability" theory.The third chapter, comparison of foreign county's environmental liability insurance system and revelation. First of all, it is divided into compulsory liability insurance and any liability insurance, highlighting the United States, Germany, Sweden's compulsory liability insurance system and the United Kingdom, France, Italy'any liability insurance system. Environmental liability insurance in foreign countries through the long period of development has matured in all aspects. Secondly, we can get many useful revelations through the analysis and comparison, including:improving the people's environmental awareness and environmental rights protection awareness, improve environmental laws and regulations, as well as system model, insurance agencies, insurance coverage would have to come with China's basic national conditions and reasonable formulated, not blindly copy.The fourth chapter, China's environmental pollution liability insurance system, the current situation and problem analysis. Firslyt, the review of environmental pollution liability insurance in our country's development..The experimental situation is not ideal. The reason is, first, insurance, payment rates are too low, while the premiums are too high; second, a unit of environmental infringement punishment was inadequate for them to transfer such risks. Secondly; the analysis of problems in our practice.The fifth chapter, construction of China's environmental pollution liability insurance system. First, the analysis of feasibility of environmental pollution liability insurance system's construction in China, including the following points: the government attaches; the gradual improvement of relevant laws and regulations, and so on Secondly, focusing on how to use the experience of foreign countries to design and build our system, in line with China's national conditions of environmental pollution liability insurance; and finally, on improving China's environmental pollution liability insurance system, there are a number of recommendations.